The most important question always came to mind at the time of issuing a restraining order is that how long it will last? Well, it depends on the case actually. If it’s a high-risk case the largest time set by the court is of 3-years but sometimes a restraining order can be made shorter if the case is of low risk which is then set for a year.
What Is Restraining Order:
A restraining order is basically, an order issued by a court to protect a person or entity from another person who tried to abuse you, sexually ■■■■■■■ you, or has done any harassment & so on to you.
That person could be any close relative, close friend, or anyone from outside whom you may have known or not. Also, the restraining order keeps the other party/person away & orders that person to not have any contact with the party who filed a complaint against that person.
How long does a Restraining Order last?
If a judge grants you a temporary restraining order, then it will last until your hearing. After that at your hearing date, the judge then set the restraining order depending upon your case. If it’s a high-risk case according to the court, then the maximum time a court may grant you will be of 3-5 years.
But if the court thinks that it’s a low-risk case then the restraining order can also be made shorter which could be minimal of 1 year.
If the defendant or accuser breaks or disobeys the court order, then it can be made longer than the accurate date because breaking rules is a very serious crime in the eyes of law & one could receive a severe punishment as a result.
To finalize your temporary restraining order, it is also very necessary to show some proof, evidence, or anything like that to the court at the time of hearing which is as follow:
• It is important to show that the abuser tried to cause you or anyone among your family a serious bodily injury or harm.
• According to the domestic violence statute, there should be a relationship between you & the attacker.
• The defendant or accuser at least committed an act out of 19 acts of domestic violence against you.
• The crimes of domestic violence should include harassment, sexual ■■■■■■■, stalking, threats, kidnapping, criminal sexual contact, robbery & so on.
• Moreover, disobeying restraining orders or any other crime which involves death or serious bodily injury cases should be reported at the time of the court hearing.
These all elements are very important to finalize your case otherwise without them, there would be the chances of instantaneous danger to you, your family, or maybe to your property as well.
You can prove these elements through your own testimony or the statements of others.
Note:
Usually, a domestic violence restraining order will last for 5 or more than 5 years, depending upon the situation. A temporary restraining order sets when someone applies to the court & will extend until the hearing date.
Types of Restraining Orders
There are usually various types of restraining orders like Domestic, Civil, Elderly abuse, emergency & so on like that. Therefore, each order relates to a particular situation & requirement.
For example:
| Domestic Violence Restraining Order | Civil Harassment Restraining Order |
|---|---|
| Temporary Restraining Order | Emergency Restraining Order |
| Elderly Abuse Restraining Order | Workplace Restraining Order |
| Juvenile Restraining Order | Permanent Restraining Order |
Civil Harassment Restraining Order:
Civil harassment restraining order particularly relates to neighbors or usually with unknown persons who are not close to the victim. In this case, a victim may be stalked, sexually assaulted, or harassed by that unknown person or by someone not having any close relationship with the victim.
Domestic Abuse Restraining Order:
Domestic violence or abuse restraining order is usually set when the case of domestic violence has been finalized by the court. This order particularly applied to those individuals who became the victim of someone close to them.
It could be either, your parents, siblings, friends, girlfriend, boyfriend, husband, wife, or any kinda partnership & this type of order is very easy to receive.
Emergency Restraining Order:
This type of order often lasts for 5-7 days as the main reason behind issuing this order is to provide a cooling-off period between the defendant & plaintiff & allow police to resolve the issue with fewer chances of a second complaint from the victim & also provides enough time to victim to file a long-term order if needed.
Temporary Restraining Order:
Temporary order lasts until a hearing date is set by the court. The reason to apply this order is to provide some safety to the victim until & unless the trial is finished.
A temporary restraining order is most common between the divorcing spouses which is placed until the divorce trial is finished.
Elderly Abuse Restraining Order:
This type of order is issued for the protection of adults between the ages of 18-65+ who cannot defend themselves on their own. This order is very useful for those who have experienced a threat or abuse.
The ones suffering from any mental or physical diseases, or disability, or are above the age of 65 or maybe handicapped have a complete right to file the case against the abusers or threateners.
Workplace Restraining Order:
A workplace restraining order is set to protect people from threats, harassment, or abuse during work at the workplace.
For example, If an employee feels any danger during work at the workplace or if the employee has suffered from any kinda harassment or abuse at the workplace, an employer can help his/her employee by filing a complaint against that abuser or if the employee wants he/she can file the case in the court by him/herself as well.
Juvenile Restraining Order:
The reason for issuing juvenile orders is to protect the young ones, children, or kiddo’s from harassment, abuse, or any kind of threats. It’s a little bit similar to a civil restraining order.
Permanent Restraining Order:
This type of order is an order that can be set in the court based on the judgment of certain crimes & not just only to protect the victims but also the witnesses as well.
Summary:
Domestic restraining orders are issued in the family law courts or the supreme courts near you whereas, civil restraining orders are issued in the non-family (Civil) law courts.
How to File a Restraining Order:
To file or get a restraining order, you need restraining order forms, a court clerk, a lawyer if needed & notary public. Here are some steps to get a restraining order:
Step 1:
To file a restraining order, it’s very necessary to complete your paperwork that must be signed in front of a notary public or court clerk. You may typically find complaint forms near your local courthouse, through court websites, or by domestic violence programs easily.
Step 2:
You have to read the forms carefully before filling them & if you don’t understand anything can ask questions to the court staff. Remember to give each & every specific detail regarding the incident that happened to you. Also remember not to sign the form without showing it to the court clerk always try to sign it in front of the court staff or notary public.
Step3:
Should return completed forms to the court clerk on time so then the judge may issue an emergency order asap & can schedule a hearing within 10-14 days to follow up on the order.
Step4:
Now you need to attend the hearing set by the court to present your case. Then during the hearing in court, the judge will listen to the statements of both of you (You & the Defendant) & decide whether to grant a restraining order or have to extend a restraining order.
When will Restraining Order expires:
Your restraining order expires at the hearing date. So you must attend the court hearing if you want the restraining order otherwise, if you don’t your restraining order will expire at the end of the day.
Moreover, it also depends that whether the abuser or defendant is still in the prison or was released from prison before the expiration date. If in case, the abuser was released from jail within one year or before the restraining order expiration date, then the restraining order will automatically extend.
FAQ:
How much does it cost to file a Restraining Order?
You don’t have to pay a single penny to file a restraining order, as the reason to set the restraining order is to provide you with protection from the abusers. But in some cases, the court orders to pay the fee by the person who loses the case.
What proof shall I need for a Restraining Order?
For the evidence to show in the court, you must tell the necessary details of the incident, any medical records showing bruises, wounds, sexual abuse, or violence, any information about a criminal scandal against your partner, or any threat messages you’ve received.
What is the difference between Domestic & Civil Restraining Order?
Domestic violence restraining order relates to someone you’re close with or romantically involved like husband, wife, girlfriend, boyfriend, parents, or siblings.
Civil restraining order relates to someone you’re not close with or someone you don’t know like your neighbor, any friend, or could be any random person.
What is the correct age to file a restraining order?
To file a restraining order, you should be at least 18 years old, But if you’re younger, you need a guardian to file your restraining order.
Do I need to go to court to file a Restraining Order?
Yes, it’s necessary to go to court if you want to file a restraining order. Then after applying for the restraining order, you must attend the court hearing with your lawyer where both of you (you & defendant) may be present.
How to know which type of Restraining Order I need?
In that case, it’s necessary to consult your attorney before filing a restraining order so then your attorney will help you to fill the order you need.
What if a Judge does not grant my appeal?
There’s no such a reason for the judge not granting your request, But if he/she does not, you may seek help from other types of emergency orders available or can consult your attorney in that case.
How long can a Restraining Order last?
A temporary restraining order probably lasts until the date of hearing set by the court. A permanent restraining order lasts for about 3-5 years.
What protection can a Restraining Order provide?
Restraining order protects you & your family from the other person who tried to harm you. It stops that person from hurting, threatening, or not contacting you & your family. Also, disallow that person to carry a ■■■ or ■■■ license.
Conclusion:
If you feel that someone harasses you or have become a victim of any abuse & wish to get a restraining order, please don’t hesitate because it’s your legal right to get justice no matter which gender you are. To file a restraining order asap, you should need to consult your lawyer before appealing.
Also Read!
How much does a restraining order cost
Protective order vs restraining order
What is Restraining Order
How long does a restraining order last
Types
How to Get a Restraining Order
Expiration
FAQ